The legality of execution by executive decree without due process

The ACLU and the Center for Constitutional Rights this morning filed a lawsuit in federal court against several Obama officials, including Defense Secretary Leon Panetta and CIA Director David Petraeus. The suit is brought on behalf of the survivors of three American citizens killed in Yemen by the U.S. Government — killed specifically by the CIA and the Pentagon’s Joint Special Operations Command — with no due process and far from any battlefield: Anwar Awlaki and Samir Khan (killed together in a drone strike) and Awlaki’s teenaged son Abdulrahman (killed two weeks later).

The suit alleges that the killing of these Americans violates their Constitutional rights (including their Fifth Amendment right to due process) because “the United States was not engaged in an armed conflict with or within Yemen” and “these killings rely on vague legal standards, a closed executive process, and evidence never presented to the courts.”